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Thread: I-864--Can the petitioning sponspor be changed?

  1. #1
    Upon termination of the joint I-751 and prior to divorce and subsequent filing of the waiver of the joint I-751, can the petitioning sponsor/spouse be changed?

    Essentially, can a new or amended I-864 be filed with a different sponsor?

    A link to a legal reference would also be helpful.

  2. #2
    Upon termination of the joint I-751 and prior to divorce and subsequent filing of the waiver of the joint I-751, can the petitioning sponsor/spouse be changed?

    Essentially, can a new or amended I-864 be filed with a different sponsor?

    A link to a legal reference would also be helpful.

  3. #3
    <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by KaCee:
    Upon termination of the joint I-751 and prior to divorce and subsequent filing of the waiver of the joint I-751, can the petitioning sponsor/spouse be changed?

    Essentially, can a new or amended I-864 be filed with a different sponsor?

    A link to a legal reference would also be helpful. </div></BLOCKQUOTE>

    No need. The obligation of the initial petitioning sponsor to the I864 is still valid (extant), and irrevocable. The only exception permitted for sponsor replacement is due to the death of the primary sponsor.
    The above is simply an opinion. Your mileage may vary. For immigration issues, please consult an immigration attorney.

  4. #4
    I found the following on the DHS website:


    (f) Withdrawal of Form I-864 or Form I-864A. (1) In an immigrant visa case, once the sponsor, substitute sponsor, joint sponsor, household member, or intending immigrant has presented a signed Form I-864 or Form I-864A to a Department of State officer, the sponsor, substitute sponsor, joint sponsor, or household member may disavow his or her agreement to act as sponsor, substitute sponsor, joint sponsor, or household member if he or she does so in writing and submits the document to the Department of State officer before the actual issuance of an immigrant visa to the intending immigrant. Once the intending immigrant has obtained an immigrant visa, a sponsor, substitute sponsor, joint sponsor, or household member cannot disavow his or her agreement to act as a sponsor, joint sponsor, or household member unless the person or entity who filed the visa petition withdraws the visa petition in writing, as specified in 8 CFR 205.1(a)(3)(i)(A) or 8 CFR 205.1(a)(3)(iii)(C), and also notifies the Department of State officer who issued the visa of the withdrawal of the petition.



    (2) In an adjustment of status case, once the sponsor, substitute sponsor, joint sponsor, household member, or intending immigrant has presented a signed Form I-864 or Form I-864A to an immigration officer or immigration judge, the sponsor, substitute sponsor, joint sponsor, or household member may disavow his or her agreement to act as sponsor, substitute sponsor, joint sponsor, or household member only if he or she does so in writing and submits the document to the immigration officer or immigration judge before the decision on the adjustment application.

  5. #5
    <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by KaCee:
    I found the following on the DHS website:

    (f) Withdrawal of Form I-864 or Form I-864A. (1) In an immigrant visa case, once the sponsor, substitute sponsor, joint sponsor, household member, or intending immigrant has presented a signed Form I-864 or Form I-864A to a Department of State officer, the sponsor, substitute sponsor, joint sponsor, or household member may disavow his or her agreement to act as sponsor, substitute sponsor, joint sponsor, or household member if he or she does so in writing and submits the document to the Department of State officer before the actual issuance of the visa to the intending immigrant. Once the intending immigrant has obtained an immigrant visa, a sponsor, substitute sponsor, joint sponsor, or household member cannot disavow his or her agreement to act as a sponsor, joint sponsor, or household member unless the person or entity who filed the visa petition withdraws the visa petition in writing, as specified in 8 CFR 205.1(a)(3)(i)(A) or 8 CFR 205.1(a)(3)(iii)(C), and also notifies the Department of State officer who issued the visa of the withdrawal of the petition. . </div></BLOCKQUOTE>

    This is for consular processing, and prior to a visa being used. A visa, is the entry document to get to the USA. If the petitioning sponsor changes his/her mind they can withdraw before the visa is used, or before the visa is issued.


    <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by KaCee:
    (2) In an adjustment of status case, once the sponsor, substitute sponsor, joint sponsor, household member, or intending immigrant has presented a signed Form I-864 or Form I-864A to an immigration officer or immigration judge, the sponsor, substitute sponsor, joint sponsor, or household member may disavow his or her agreement to act as sponsor, substitute sponsor, joint sponsor, or household member only if he or she does so in writing and submits the document to the immigration officer or immigration judge before the decision on the adjustment application. </div></BLOCKQUOTE>

    This illustrates that an Affidavit of Support is only considered binding and irrevocable once the alien has adjusted status. If an adjustment of status application is submitted, a sponsor can change his or her mind unless the application ahs been adjudicated and approved.

    The above scenarios are not the same as your question. You are querying if an alien can change the sponsor at the "removal of comditions' stage, but the Affidavit of Support submitted in accompaniement with the adjustment of status package is already binding and irrevocable, as of the date the alien successfully adjusted through an approved AOS application.
    The above is simply an opinion. Your mileage may vary. For immigration issues, please consult an immigration attorney.

  6. #6
    http://a257.g.akamaitech.net/7/257/2422/01jan20061800/e...gov/2006/06-5522.htm

    page 35740

    Second, some aliens who have already been admitted as permanent
    residents but have become subject to removal apply for a new grant of
    adjustment of status as a means of relief from removal. If an alien in
    this situation seeks this new adjustment as an immediate relative or as
    a family-based immigrant (or as an employment-based immigrant who will
    work for a relative or a relative's firm), the alien may need to submit
    a new Form I-864 or I-864A with the new adjustment application. The
    grant of adjustment will terminate the support obligations resulting
    from any earlier Forms I-864 or I-864A, and those obligations will then
    rest on whomever signed the Forms I-864 or I-864A in support of the new
    adjustment application.


    My husband has significant students loans (stafford) and I really would like to be free of the financial responsibility.

    I have spent the better part of this evening researching this and before I retain the services of a lawyer or contact my Congresswoman I would like to be fairly certain it is possible.

    My husband may decide to file the waiver of the joint 751 or he could also go to another relative. Is that correct?

    I think it is (my interpretation)based on the above section.

    Please let me know what you think.

  7. #7
    Forget it! I got it!

    I somehow confused adjustment of status 485 and the 751. I completely understand.

    Is there anyway to address it in your divorce documents?

    Thanks for all the help!

  8. #8
    <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by KaCee:
    Forget it! I got it!

    I somehow confused adjustment of status 485 and the 751. I completely understand.

    Is there anyway to address it in your divorce documents?

    Thanks for all the help! </div></BLOCKQUOTE>

    Glad you cleared up the confusion.
    The Affidavit of Support obligation is between the USC spouse and the government, agreeing to reimburse an agency for any benefits drawn by the alien before he/she becomes eligible (has satisfied the terms of the Affidavit), and if and only if the agency decides to exercise its right to pursue the USC for reimbursement.

    The responsiblity for an alien's personal debt should be addressed in the divorce process. If he has significant personal loans that he brought into the marriage, I'd certainly negotiate terms of settlement to make sure he takes personal responsibility for them.

    The alien *could* seek support from a USC if his/her income fell below the poverty guideline level by instituting civil lawsuit to hold the USC to the obligation to support, conveyed and memorialised in the Affidavit of Support. While this has been a rare instance, there is a key case that ruled in the alien's favour in Pennsylvania earlier this year. *Google* Stump v Stump, US Federal Court, PA, 2006 for details.
    The above is simply an opinion. Your mileage may vary. For immigration issues, please consult an immigration attorney.

  9. #9
    Thank you for all your help (and patience)!

  10. #10
    <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by KaCee:
    http://a257.g.akamaitech.net/7/257/2422/01jan20061800/e...gov/2006/06-5522.htm

    page 35740


    Second, some aliens who have already been admitted as permanent
    residents but have become subject to removal apply for a new grant of
    adjustment of status as a means of relief from removal. If an alien in
    this situation seeks this new adjustment as an immediate relative or as
    a family-based immigrant (or as an employment-based immigrant who will
    work for a relative or a relative's firm), the alien may need to submit
    a new Form I-864 or I-864A with the new adjustment application. The
    grant of adjustment will terminate the support obligations resulting
    from any earlier Forms I-864 or I-864A, and those obligations will then
    rest on whomever signed the Forms I-864 or I-864A in support of the new
    adjustment application.


    My husband has significant students loans (stafford) and I really would like to be free of the financial responsibility.

    I have spent the better part of this evening researching this and before I retain the services of a lawyer or contact my Congresswoman I would like to be fairly certain it is possible.

    My husband may decide to file the waiver of the joint 751 or he could also go to another relative. Is that correct?

    I think it is (my interpretation)based on the above section.

    Please let me know what you think. </div></BLOCKQUOTE>

    I only brought up the loans because those are government subsudized and fall into the federal means-tested category making me responsible for the debt if the government decides to pursue if he defaults.

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